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New York Partner Obtains Dismissal for Out-of-Possession Landlord in Premises Liability Case

New York City Partner Evan H. Echenthal recently prevailed on behalf of our property owner/landlord client in the Kings County Supreme Court.

Plaintiff, a delivery person for a multi-national beverage corporation, was delivering soda to the co-defendant/tenant’s restaurant. While making the delivery, Plaintiff fell through an unguarded opening that lead down to the property’s basement, and suffered a rotator cuff tear and cervical fusion surgery. Subsequently, Plaintiff filed suit against our client and also against the co-defendant restaurant.

Our New York partner, Evan Echenthal, moved for summary judgment as our client was an out-of-possession landlord who had no notice of a dangerous condition. Evan argued that our client’s restaurant tenant was solely negligent by leaving the property’s basement door open without placing any warning signs or otherwise advising the Plaintiff that the door was open. The Court agreed with our Defense arguments, and all claims and cross claims against our client were dismissed.

Evan handles cases involving premises liability, personal injury, property damage and construction liability matters. He also focuses his defense practice on labor law, specifically New York Labor Law sections 200241(6) and 240. Evan handles cases from inception to jury verdict and has represented clients during mediation and arbitration throughout the State of New York.